Want to sort my debts out -

[puff frog]

Want to sort my debts out -

 

Many years ago, i had lots of credit, ran up big bills, then moved to germany for a few years.

 

 

Now i am back here, i want to sort these out.

 

Problem is i am not sure what the best cause of action, i want to do it by the book, with SAR, CCA request, etc etc

 

but not sure what order to do these in.

 

thankyou

[mrmarmite]

ello,

go down the CCA route with ALL of them, if will get facts sorted out 1st and then take it from there

[puff frog]

hi,

 

so ok i do a CCA request 1st

 

but who with ?

 

the original company ....

 

or the credit collection comapny they sold it to ?

 

also i don't have account number info, etc etc, but my current address is the same as it was when i have the credit.

[Guest forgottenone]

Excuse me for this but just to be clear?

 

also i don't have account number info, etc etc, but my current address is the same as it was when i have the credit.

 

Surely, though, you've been contacted at your address by these companies hence your question on CAG now? So correspondence must have been coming to your address ... with an account number ... or did you move to Germany and not notify any of your creditors you had? In which case it will become a whole different ball game.

 

And TBH if you returned to the same address ... well, creditors don't usually wait around for years before upping the stakes.

 

Just want to avoid any confusion. Which will help you later on with other dealings in this direction.

[puff frog]

hi, was in the army

 

hence why i was in germany, my address i kept the same over many years, as it is my mothers address, and i am back here now.

 

but say for example, NatWest - had letters from a collection company but put in bin, years ago. And been so long now i can t remember the account number, but i do want to get all things sorted, even if it has been years.

 

do i do the CCA request to the original company or the collection company ?

 

below is a copy of a letter i have completed for CCA any good ?

 

 

 

 

 

I do not acknowledge any debt to your company.

I require you to supply the following documentation before I will communicate further on this matter.

 

Dear

 

Re: − Account/Reference Number -

 

1. You must supply me with a true and signed copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for rolling sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 Postal order (Reference ) in payment of the statutory fee.

 

2. If this debt has been sold (e.g. to a debt collection agency), please supply me with a signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

 

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

 

4. Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

5. As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

6. Furthermore you are reminded that under s78 sub section (6) whilst the default continues you are not entitled to enforce the agreement in law.

 

7. We understand a copy of our credit agreement should be supplied within 12 working days.

 

We look forward to hearing from you.

 

Yours faithfully

[maroondevo52]

Hi, puff frog.

 

SAR the Origional Creditors, that will let you know the score with the account's re: claiming back any charges on them.

 

http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/subject_access_-_guide_for_data_subjects.pdf

 

I think your Name and Address at the time you opened the Account should be enough for them to gather all the info they have on you.

 

Regarding the CCA request, I'd hold off until you get a reply to your SAR, if your hoping to re-claim any charges.(Maybe your not)

 

If you do go down the CCA route, send it to whoever is chasing you for the 'alleged' debt now. Letter 'N' in the libary.

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

As you know No CCA, No enforceable debt, but trying to re-claim charges on an account with no CCA is not looked on favourably by the Courts and they see it as false enrichment.

 

 

Regards.

 

Scott.

[puff frog]

don't want to try and get any money back, just want to try and get out of the debt- well do my best to

 

 

so will this letter be ok for a 1st thing ?

 

 

 

I do not acknowledge any debt to your company.

I require you to supply the following documentation before I will communicate further on this matter.

 

Dear

 

Re: − Account/Reference Number -

 

1. You must supply me with a true and signed copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for rolling sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 Postal order (Reference ) in payment of the statutory fee.

 

2. If this debt has been sold (e.g. to a debt collection agency), please supply me with a signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

 

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

 

4. Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

5. As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

6. Furthermore you are reminded that under s78 sub section (6) whilst the default continues you are not entitled to enforce the agreement in law.

 

7. We understand a copy of our credit agreement should be supplied within 12 working days.

 

We look forward to hearing from you.

 

Yours faithfully

[maroondevo52]

Looks ok to me, do you think any of the debts are Statute Barred ?

[puff frog]

maybe 1 or 2, but most i think are just under 6 years old

[maroondevo52]

maybe 1 or 2, but most i think are just under 6 years old

 

Sound, CCA them all, and see what they come back with.

 

Regards.

 

Scott.

[puff frog]

BUt i don't have any recorded of account numbers, sort codes, etc etc for the accounts i have defaulted on.

 

I do have my credit files, but they don't give account number information, etc etc

 

what would be the best way in a letter format to get the information i need from the credit companies. Any template letters out there ?

 

thx

[maroondevo52]

Hi,

 

Send the Origional Creditors a S.A.R - (Subject Access Request),

 

 

http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/subject_access_-_guide_for_data_subjects.pdf

 

 

Give them as much info you can regarding where you were staying when you opened the account, when you opened them, anything you think would help them find your info.

 

The DCA's will not have all your info.

 

Regards.

 

Scott.

[puff frog]

can i not just send a letter to them asking them for my accoutn number nad sort code, ? my address is still the same now as it was when i opded the account. just i dont want to pay the £10

[maroondevo52]

You could always try Or give the OC a phone, but don't phone the DCA's.

[puff frog]

how would be the best way to word the letter ?